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Things to Know About Ontario Divorce and Separation Pt. 3

by Kristen White Blogger
Two previous articles discussed different things to know about separation in Ontario. This article will discuss a number of aspects with regards to separation in Ontario.
 
Child Support
 
It must be noted that child support in Ontario must be calculated according to the Ontario Child Support Guidelines. In addition, both parents must be aware that they maintain the responsibility of financially supporting their children and such support is based on their income as well as the number of children involved. In accordance with the Divorce Act, child support must continue until the child is 18 years old or until they have completed their post-secondary education. In order to enforce child support payments where necessary .the Ontario government has created an office called the Family Responsibility Office. The Family Responsibility Office will require paying parents to make all support payments to that office and they in turn will send the payment to the receiving parent. Where the paying parent misses payments the Family Responsibility Office will take action in order to enforce the order or agreement. That enforcing can be by way of garnishing wages, registering a lien against a property, ordering a collection, suspending a driver’s licence or taking money from a bank account.
 
Spousal Support
 
It must be noted that in the eyes of the law a marriage is a financial partnership, therefore when the marriage breaks up the partnership breaks up. As such the spouse with more income or assets may have to pay spousal support to the other spouse so as to equalise the financial situation caused by the break-up of the partnership. The separation agreement drafted by the separating spouses will specify if any spousal support will be paid from one spouse to the other. If such specifications are made they must include how much spousal support is to be paid, when it is to be paid and the duration of such payments. When determining spousal support, the law takes into consideration a number of factors to determine the amount as well as the length of time the spousal support should be paid. A spouse may claim for permanent spousal support in serious financial difficulty or they may request short term spousal support in order to help them become financially self-sufficient. Alternatively, a spouse may waive spousal support based on other agreements such as, waiving spousal support in exchange of a larger share of the matrimonial home or some other asset in property division.
 
Separation Agreement
 
Because the separation agreement plays such a vital role during the separation and divorce, it is of the utmost importance that this document is prepared properly. A separation agreement specifies the elements pertaining to the separation including issues relating to support and the parenting plan. It is necessary for the separation agreement to include a clause describing the dispute resolution process with regards to potential future disagreements and how to deal with them. Such a clause allows both parties the option to pursue any number of potential dispute resolution choices rather than resolving the issues with lawyers or court.
 
For legal advice in a simple divorce in Ontario contact professional divorce lawyers.


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About Kristen White Committed   Blogger

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Joined APSense since, August 19th, 2016, From Chicago, United States.

Created on May 3rd 2018 05:19. Viewed 302 times.

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